Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Richmond (446)
- Maurer School of Law: Indiana University (220)
- Seattle University School of Law (218)
- Touro University Jacob D. Fuchsberg Law Center (153)
- University of Michigan Law School (127)
-
- New York Law School (113)
- Pepperdine University (92)
- Duke Law (86)
- Roger Williams University (86)
- UIC School of Law (82)
- Yeshiva University, Cardozo School of Law (82)
- University of Colorado Law School (80)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (68)
- Georgetown University Law Center (62)
- Northwestern Pritzker School of Law (58)
- Fordham Law School (50)
- University of Maine School of Law (48)
- University of Georgia School of Law (47)
- William & Mary Law School (47)
- BLR (46)
- Washington and Lee University School of Law (43)
- American University Washington College of Law (41)
- University of Arkansas Little Rock (33)
- Cornell University Law School (32)
- Washington University in St. Louis (31)
- St. Mary's University (30)
- Brooklyn Law School (28)
- Vanderbilt University Law School (27)
- Cleveland State University (26)
- Pace University (24)
- Keyword
-
- Judges (391)
- Courts (250)
- Supreme Court (236)
- Constitution (110)
- Judge (98)
-
- Judiciary (87)
- Federal courts (86)
- Court (85)
- Federal (76)
- United States Supreme Court (69)
- Jurisprudence (59)
- Constitutional law (58)
- Constitutional Law (56)
- Justice (56)
- Judicial review (55)
- New York (54)
- Due process (53)
- Law (51)
- State (51)
- Congress (50)
- Jurisdiction (50)
- Litigation (50)
- Judicial selection (47)
- Judicial process (46)
- Politics (45)
- Roger J Miner (44)
- Diversity (40)
- Court of Appeals (39)
- Defendant (39)
- Supreme court (38)
- Publication Year
- Publication
-
- University of Richmond Law Review (355)
- Seattle University Law Review (214)
- Faculty Scholarship (153)
- Touro Law Review (151)
- Indiana Law Journal (140)
-
- Law Faculty Publications (79)
- Articles by Maurer Faculty (65)
- UIC Law Review (59)
- Pepperdine Law Review (57)
- Michigan Law Review (56)
- Life of the Law School (1993- ) (53)
- Faculty Publications (48)
- Articles (47)
- Northwestern University Law Review (45)
- ExpressO (43)
- Maine Law Review (43)
- Scholarly Works (41)
- Cardozo Law Review (37)
- Nevada Law Journal (34)
- Georgetown Law Faculty Publications and Other Works (32)
- Georgia Journal of International & Comparative Law (32)
- Scholarship@WashULaw (31)
- Cornell Law Faculty Publications (28)
- Committees (27)
- Fordham Law Review (27)
- Faculty Articles (25)
- Scholarly Articles (24)
- Journal of the National Association of Administrative Law Judiciary (23)
- American University Law Review (22)
- The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10) (22)
- Publication Type
- File Type
Articles 1951 - 1980 of 3115
Full-Text Articles in Courts
[Tru/Fals]Isms: A Statistical Analysis Of Several Arkansas Judicial Election Bromides, Honorable Timothy Davis Fox
[Tru/Fals]Isms: A Statistical Analysis Of Several Arkansas Judicial Election Bromides, Honorable Timothy Davis Fox
University of Arkansas at Little Rock Law Review
No abstract provided.
Letter From Lifers Committee, Roger J. Miner '56
Gender, Race, And Intersectionality On The Federal Appellate Bench., Todd Collins, Laura Moyer
Gender, Race, And Intersectionality On The Federal Appellate Bench., Todd Collins, Laura Moyer
Faculty and Staff Scholarship
While theoretical justifications predict that a judge’s gender and race may influence judicial decisions, empirical support for these arguments has been mixed. However, recent increases in judicial diversity necessitate a reexamination of these earlier studies. Rather than examining individual judges on a single characteristic, such as gender or race alone, this research note argues that the intersection of individual characteristics may provide an alternative approach for evaluating the effects of diversity on the federal appellate bench. The results of cohort models examining the joint effects of race and gender suggest that minority female judges are more likely to support criminal …
A Rodent In Robes, Donald E. Wilkes Jr.
A Rodent In Robes, Donald E. Wilkes Jr.
Popular Media
Because of the credible (but ultimately unresolved) sexual harassment charges leveled against him by Anita Hill and others at his confirmation hearings, as well as his creepy-crawly anti-individual rights voting record on the Supreme Court, nearly every time U.S. Supreme Court Justice Clarence Thomas visits a university campus there are protests by faculty and students, and now Michael Adams' decision to invite Thomas to be the commencement speaker at the upcoming UGA graduation ceremony has created a furor. For years, UGA administrators appear to have tolerated sexual harassment on campus, and in recent months there have been startling revelations of …
Brennan V. Scalia, Justice Or Jurisprudence? A Moderate Proposal, Travis A. Knobbe
Brennan V. Scalia, Justice Or Jurisprudence? A Moderate Proposal, Travis A. Knobbe
West Virginia Law Review
No abstract provided.
The Verdict On Juries, Valerie P. Hans, Neil Vidmar
The Verdict On Juries, Valerie P. Hans, Neil Vidmar
Cornell Law Faculty Publications
In reviewing debates and research evidence about jury trials for our book, American Juries: The Verdict (Prometheus Books, 2007), we have had the chance to reflect on the status of the jury system in the United States. High profile jury trials put the spotlight on the American practice of using its citizens as decision makers. When jury verdicts are at odds with public opinion, criticisms of the institution are common. The civil jury has been a lightning rod for those who want tort reform. This article draws together some of our reflections about the health of the jury system …
Advocacy Through Briefs In The U.S. Court Of Appeals., Susan B. Haire, Laura P. Moyer
Advocacy Through Briefs In The U.S. Court Of Appeals., Susan B. Haire, Laura P. Moyer
Faculty and Staff Scholarship
The focus of this paper is to evaluate the role of advocates in the U.S. Court of Appeals for the Seventh Circuit by examining the characterization of issues offered in appellate briefs against the issues addressed in the court's decisions. Specifically, in an environment in which attorneys are expected to frame the issues on appeal and judges are expected to respond to those issues, what accounts for judges addressing some issues while suppressing others? By explicitly focusing on how the substantive content of an opinion is shaped, we depart from other, earlier scholarship on the advantages of "repeat player" litigants …
Letter To Clerk Of Court Re: David Collic, Roger J. Miner '56
Letter To Clerk Of Court Re: David Collic, Roger J. Miner '56
Correspondence
No abstract provided.
Letter To Clerk Of Court Re: Michael Williams, Roger J. Miner '56
Letter To Clerk Of Court Re: Michael Williams, Roger J. Miner '56
Correspondence
No abstract provided.
National Jury Improvement Efforts, Paula Hannaford-Agor, Nicole L. Waters
National Jury Improvement Efforts, Paula Hannaford-Agor, Nicole L. Waters
Faculty Publications
Until recently, the impact of specific jury improvement efforts was based on anecdotal reports from courts scattered across the country. In April 2007, the NCSC Center for Jury Studies released its findings from the State-of-the-States Survey of Jury Improvement Efforts, which provides a comprehensive snapshot of jury procedures, operations, and practices in state and local courts. For the first time, courts have base-line information about their peers against which they can assess their own performance on a number of key operational measures. This issue of Caseload Highlights describes these measures and the approaches that state courts have implemented to improve …
William Thaddeus Coleman, Jr.: Breaking The Color Barrier At The U.S. Supreme Court, Todd C. Peppers
William Thaddeus Coleman, Jr.: Breaking The Color Barrier At The U.S. Supreme Court, Todd C. Peppers
Scholarly Articles
The purpose of this essay is twofold: It will endeavor to succinctly summarize the important events of Coleman’s life and professional career, while making the argument that these achievements were as groundbreaking in the legal community as Robinson’s were to baseball. Admittedly, looking to our national pastime is hardly an original literary maneuver; The myriad similarities and links between baseball and the law have offered rich material for many legal writers.2 Moreover, this article does not wish to diminish Coleman’s accomplishments by comparing them to a mere “game.” By drawing upon the sixtieth anniversary of Robinson’s debut, my hope is …
Law Clerk Influence On Supreme Court Decision Making: An Empirical Assessment, Todd C. Peppers, Christopher Zorn
Law Clerk Influence On Supreme Court Decision Making: An Empirical Assessment, Todd C. Peppers, Christopher Zorn
Scholarly Articles
Here, we undertake the first effort at assessing the existence and extent of law clerk influence in the U.S. Supreme Court. Drawing upon original survey data on the political ideology of 532 former law clerks, we evaluate the extent to which both the Justice's personal policy preferences and those of his or her law clerks exert an independent influence on the Justice's votes. While our results are preliminary, they nonetheless support the contention that--over and above "selection effects" due to Justices choosing like-minded clerks--clerks' ideological predilections exert an additional, and not insubstantial, influence on the Justices' decisions on the merits. …
A New (And Better) Interpretation Of Holmes's Prediction Theory Of Law, Anthony D'Amato
A New (And Better) Interpretation Of Holmes's Prediction Theory Of Law, Anthony D'Amato
Faculty Working Papers
Holmes's famous 1897 theory that law is a prediction of what courts will do in fact slowly changed the way law schools taught law until, by the mid-1920s legal realism took over the curriculum. The legal realists argued that judges decide cases on all kinds of objective and subjective reasons including precedents. If law schools wanted to train future lawyers to be effective, they should be exposed to collateral subjects that might influence judges: law and society, law and literature, and so forth. But the standard interpretation has been a huge mistake. It treats law as analogous to weather forecasting: …
Nontestimonial Declarations Against Penal Interest: Eschewing The Corroboration Requirement For Inculpatory Statements, 41 J. Marshall L. Rev. 969 (2008), Michael Duffy
UIC Law Review
No abstract provided.
The Illinois Criminal Code Of 2009: Providing Clarity In The Law, 41 J. Marshall L. Rev. 815 (2008), Governor James R. Thompson, Justice Gino Divito, Peter G. Baroni, Kathy Saltmarsh, Daniel Mayerfeld
The Illinois Criminal Code Of 2009: Providing Clarity In The Law, 41 J. Marshall L. Rev. 815 (2008), Governor James R. Thompson, Justice Gino Divito, Peter G. Baroni, Kathy Saltmarsh, Daniel Mayerfeld
UIC Law Review
No abstract provided.
Which States Have The Best (And Worst) High Courts?, Mitu Gulati, Stephen J. Choi, Eric A. Posner
Which States Have The Best (And Worst) High Courts?, Mitu Gulati, Stephen J. Choi, Eric A. Posner
Faculty Scholarship
This paper ranks the high courts of the fifty states, based on their performance during the years 1998-2000, along three dimensions: opinion quality (or influence as measured by out-of-state citations), independence (or non-partisanship), and productivity (opinions written). We also discuss ways of aggregating these measures. California and Delaware had the most influential courts; Georgia and Mississippi had the most productive courts; and Rhode Island and New York had the most independent courts. If equal weight is given to each measure, then the top five states were: California, Arkansas, North Dakota, Montana, and Ohio. We compare our approach and results with …
Friction By Design: The Necessary Contest Of State Judicial Power And Legislative Policymaking, Michael L. Buenger
Friction By Design: The Necessary Contest Of State Judicial Power And Legislative Policymaking, Michael L. Buenger
University of Richmond Law Review
No abstract provided.
Chief Judge Paul R. Michel's Address To The Federal Circuit Judicial Conference On The State Of The Court, 7 J. Marshall Rev. Intell. Prop. L. 647 (2008), Paul R. Michel
UIC Review of Intellectual Property Law
On May 15, 2008, Chief Judge of the United States Court of Appeals for the Federal Circuit Paul R. Michel delivered the annual State of the Court speech. Chief Judge Michel delivered this speech during the Federal Circuit Judicial Conference, held at the Grand Hyatt hotel in Washington. The text of that speech and the corresponding graphics appear here.
Back To The Beginning: An Essay On The Court, The Law Of Democracy, And Trust, Luis Fuentes-Rohwer
Back To The Beginning: An Essay On The Court, The Law Of Democracy, And Trust, Luis Fuentes-Rohwer
Articles by Maurer Faculty
The law of democracy is in a state of incoherence. The experiment begun by Baker v. Carr showed great promise yet soon gave way to disappointment. The promise was one of modest review and respect for political choices made elsewhere. A presumption was still against judicial involvement: absent self-entrenchment or distrust of political outcomes, the Court would stay its hand. But, the reality has been far from that. The presumption has now clearly shifted, and the Court intervenes in politically-charged controversies as a matter of course. This raises a question at the heart of the law of democracy: can we …
Straddling The Fence Between Truth And Pretense: The Role Of Law And Preference In Judicial Decision Making And The Future Of Judicial Independence, Charles G. Geyh
Straddling The Fence Between Truth And Pretense: The Role Of Law And Preference In Judicial Decision Making And The Future Of Judicial Independence, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
Methods Of Judicial Selection And Their Impact On Judicial Independence, Charles G. Geyh
Methods Of Judicial Selection And Their Impact On Judicial Independence, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
The Endless Judicial Selection Debate And Why It Matters For Judicial Independence, Charles G. Geyh
The Endless Judicial Selection Debate And Why It Matters For Judicial Independence, Charles G. Geyh
Articles by Maurer Faculty
In this overview, I begin by describing the five different systems of state judicial selection that have evolved out of a perennial struggle to strike an optimal balance between judicial independence and judicial accountability. I then explore recent developments that have intensified that struggle, before analyzing, with reference to available research, how different selection systems counter or accommodate such developments. My purpose here is not to write (another) position piece. Rather, my purpose is to step back and contextualize disputes over judicial selection with reference to the independence and accountability issues that animate them, and to isolate what we know …
Only Skin Deep: The Cost Of Partisan Politics On Minority Diversity Of The Federal Bench: Why Care Whether Judges Look “Like America” If, Because Of Politics, A “Voice Of Color” Has Become A “Whisper Of Color”?, Sylvia R. Lazos
Scholarly Works
This article explores the difficulties encountered in diversifying the federal bench and why the partisanship of the confirmation process decreases the diversity of viewpoints on the bench. Presidents value diversity in nominating judges. While Bill Clinton and George W. Bush had very contrasting political styles and judicial philosophies, the judges appointed by these two presidents now account for almost 80% of the current active federal minority judges. There has been progress in the area of descriptive diversity; currently 18% of the active federal bench is made up of minority judges according to data compiled from the Judicial Center. However, there …
Reconsidering Virginia Judicial Selection, Carl W. Tobias
Reconsidering Virginia Judicial Selection, Carl W. Tobias
Law Faculty Publications
The 2008 Virginia General Assembly adjourned this summer without electing judges to vacancies on the State Corporation Commission (the "Commission" or "SCC"), the Supreme Court of Virginia, and numerous circuit courts. Thus, Democratic Governor Tim Kaine recently appointed individuals to fill these openings. Although the jurists whom the Governor appointed seem very well-qualified, the judges may only serve for five months, unless the 2009 General Assembly elects them. The 2008 Assembly's failure to elect judges for these vacancies demonstrates that the selection process is ineffective, and perhaps broken, as this development has eroded the delivery of justice and may have …
Justice Ginsburg's Struggle To Preserve Her Legacy, Kiran Mehta
Justice Ginsburg's Struggle To Preserve Her Legacy, Kiran Mehta
Public Interest Law Reporter
No abstract provided.